(NewsNation) — A federal judge has temporarily blocked the removal of a Columbia University graduate student who led pro-Palestinian protests, ordering that he cannot be deported while the court considers the petition.
U.S. District Judge Jesse M. Furman of the Southern District of New York issued the order Monday for Mahmoud Khalil, a Palestinian activist who helped lead campus protests urging Columbia to cut financial ties with Israel.
The Department of Homeland Security said Khalil was detained Saturday under President Donald Trump’s executive order banning antisemitism, though he has not been charged with any crimes.
The judge scheduled a conference for Wednesday at 11:30 a.m. after his lawyers filed a lawsuit challenging his detention.
A Palestinian green card holder, Khalil, 30, earned his master’s degree in December, and his wife, a U.S. citizen, is eight months pregnant.
Secretary of State Marco Rubio confirmed the arrest, saying the U.S. will revoke visas and green cards of Hamas supporters, though no evidence has been provided linking Khalil to Hamas.
Trump called Khalil a “radical foreign pro-Hamas student” on Truth Social, stating that supporters of terrorism are not welcome in the U.S.
His attorney, Amy Greer, said in a statement that he has been transferred to an ICE detention facility in Louisiana, a move she described as “a blatantly improper but familiar tactic designed to frustrate the New York federal court’s jurisdiction.”
In their legal complaint, Khalil’s attorneys accused the government of retaliating against him for his “constitutionally protected advocacy on behalf of Palestinian human rights.”
The habeas corpus petition filed on Khalil’s behalf alleges his detention is retaliation for his activism regarding Palestinian rights and criticism of Israel’s actions in Gaza. The petition claims the arrest violates his First Amendment rights.
According to the petition, when DHS agents arrested him, they initially stated they were detaining him because his student visa had been revoked. When he presented documentation showing he is a lawful permanent resident, the agents claimed his green card had also been revoked but provided no basis for the revocation.
In a statement released through his attorney, Khalil’s wife pleaded for his release: “I need your help to bring [him] home, so he is here beside me, holding my hand in the delivery room as we welcome our first child into this world.”
Khalil’s detention drew outrage from civil rights groups and free speech advocates, who accused the administration of using its immigration enforcement powers to squelch criticism of Israel.
Typically, expelling a person who has permanent residency in the U.S. requires a high bar, such as that person being convicted of certain types of crimes.
He’s the first person known to be detained for deportation under Trump’s promised crackdown on student protests.
The Associated Press contributed to this report.